In order to get custody of your sibling in Arkansas, you must understand the child custody laws in Arkansas. In Arkansas, a sibling may be eligible to seek either guardianship or custody over a younger sibling. Child custody is a term that refers to the set of laws that grant certain legal rights to a child’s biological parents or individuals who possess custodial rights over a child.
Importantly, child custody laws in Arkansas automatically grant child custody rights to a child’s biological mother when the child is born. Additionally, if both parents were married at the time of the child’s birth, then the child’s father will also automatically get child custody rights.
However, if the child’s parents were unmarried at the time of the child’s birth, the father would first need to establish paternity and then petition the court for custodial rights. Additionally, any other party that wishes to gain custodial rights will also have to be eligible and petition the court for such rights.
One such party that may wish to petition the court for custodial rights is an older sibling. Importantly, any party who has custody of a child in Arkansas will have certain legal rights to make important decisions on behalf of the child. Examples of rights that a party with custody of a child has include:
- The right to make educational decisions regarding the child
- The right to determine the child’s primary residence, which is granted to the child’s primary custodial parent
- The right to make religious decisions regarding what religion to raise the child in, if any
- The right to make legal decisions on behalf of the child, such as whether or not to enter into certain legal contracts or the right to represent the child in a lawsuit
- The right to make invasive or noninvasive medical decisions for the child
- The right to make decisions regarding the psychiatric treatment of the child
It is important to note that the processes and requirements for obtaining guardianship share similarities with obtaining custody, but there are important differences. Custody is a more permanent arrangement whereas guardianship is often a more temporary arrangement. Both will be discussed further below.
What Is the Process for Obtaining Custody of a Sibling?
In Arkansas, a court will consider certain factors when determining whether or not to grant an older sibling custodial rights over their younger sibling. In order to get custody of a sibling, an older sibling will have to prove that they are capable of being a child’s primary caregiver.
In general, an older sibling seeking custody of a minor sibling must be able to demonstrate why naming them as the child’s custodian is in the child’s best interest. This means that the older sibling must typically provide evidence that the current custody arrangement is not in the child’s best interest.
The general process for obtaining custody of a minor or dependent sibling in Arkansas is as follows:
- File a Petition for Custody: The older sibling needs to first file a petition for custody in the appropriate court in the jurisdiction where their younger sibling resides
- Provide Evidence: Along with the petition, the older sibling will need to demonstrate that the current custody arrangement is not in the best interests of their minor sibling
- They can do so by providing evidence, such as affidavits or evidence that demonstrates the parents with custody are unfit or unable to care for their sibling
- Evidence of abuse, neglect, or other factors will also be considered
- Notify Interested Parties: The older sibling will have to provide legal notice to any interested parties, which typically means serving their parents with their petition for custody
- Court Evaluation: The court will evaluate your petition, which may involve requiring a home study of the older sibling’s living arrangements, interviews, a background check, and a review of their ability to provide for their sibling’s needs as their primary caretaker
- Final Hearing: The court will then make a decision regarding whether or not the older sibling is fit to be named as the guardian of their minor sibling by utilizing the child’s best interest standard to determine whether they can provide for their sibling’s needs (shelter, food, education, medical care, etc.)
Once again, a court will often order a home study in cases where a sibling is seeking custody over their minor sibling. The purpose of a home study is to provide evidence to the court that the person seeking custody has a living situation that is suitable for the child. Background checks will also be commonly ordered.
Finally, all decisions regarding a child in Arkansas will always be made in accordance with the child’s best interest standard. Under the child’s best interest standard, any decisions that will affect a child, such as guardianship or custody, should ultimately benefit and protect the child.
How Old Do You Have to Be to Take Custody of a Sibling in Arkansas?
In order to seek custody or guardianship of a minor sibling in Arkansas, there is no specific age requirement for an older sibling to take custody or seek guardianship of their minor sibling. Instead, the court will utilize various factors to determine if being granted custody or guardianship is in the minor or dependent sibling’s best interest.
Those factors will assess whether or not the older sibling is mature and capable enough to serve in the role of primary caretaker and provide a stable and safe environment for their younger sibling.
Can a Sibling Be a Legal Guardian?
As mentioned above, guardianship is another method of obtaining custodial-type rights over a minor sibling. Guardianship is a legal arrangement where a court appoints an individual to care for a minor or an incapacitated adult.
Siblings may seek to be appointed as guardians if the court determines that it is in the best interest of the child for them to have a guardian appointed. In general, this will require an attorney ad litem to be appointed on behalf of the minor sibling to determine if a guardianship of the person or estate is necessary.
For example, if there is evidence that the biological parents are unfit or unable to care for the child due to reasons like abuse, neglect, or abandonment, then a guardianship may be necessary. Other reasons could include the parents being temporarily incapacitated or unable to care for the minor sibling.
What Else Should Be Considered?
One other important factor to consider is the costs involved with obtaining custody of a minor sibling. First, filing fees must be paid in order to initiate the custody process.
The filing fee for a custody petition for a minor sibling in Arkansas is $165; however, the fee can vary by county. If you cannot afford the filing fee, you may be able to file an In Forma Pauperis (“IFP”) Petition, requesting a waiver of the fee based on your finances.
Along with the initial filing fees, there are also other fees associated with obtaining custody, such as perfecting service for all other interested parties. When it comes to custody cases, it is often advised to seek representation from a local attorney in Arkansas. Attorney fees will then vary based on the amount of time the attorney spends on the case.
In contested cases, the fees will be higher than in cases where the parents are on board with the minor sibling named as custodian. There are also miscellaneous fees that add up quickly in custody cases, such as the costs related to paying process servers, paying court costs, undergoing a background check, performing a home study, and paying for certified copies of documents.
Do I Need an Attorney for Sibling Custody Issues?
If you are seeking to obtain custody or a guardianship of your younger sibling and you have questions regarding the process, it is recommended to consult with an experienced Arkansas child custody lawyer.
LegalMatch can assist you in setting up a legal consultation with an experienced custody attorney in your area. A lawyer who handles custody cases will be able to help you understand Arkansas’s specific custody laws when it comes to obtaining custody over a minor sibling.
They will also be able to help you gather the evidence necessary to prove that granting you custody of your minor or dependent sibling is in their best interests. An attorney will also be able to help guide you through the process of filing the petition for custody. Finally, a custody lawyer will also be able to represent you in court, as needed.
